High Court of Punjab and HaryanaCRM-M/27005/2017dismissed

Mohit Kumar Adhana And ORS. v. State Of Haryana And ORS.

2017-09-04Mrs. Justice Manjari Nehru Kaul2 pages

CRM-M-27005 of 2017 -1In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No. M-27005 of 2017 Date of Decision: 04.9.2017 Mohit Kumar Adhana and others .....Petitioners

Versus

State of Haryana and others .....Respondents CORAM: HON'BLE MR. JUSTICE HARI PAL VERMA

Present:

Mr. Anil Kumar Verma, Advocate for the petitioners.

Mr. Avinash Jain, AAG, Haryana.

**** HARI PAL VERMA, J. (ORAL) Prayer in this petition filed under Section 482 Cr.P.C. is for protection of the life of the petitioners and to provide them adequate protection.

Mr. Sanjay Vashisth, Advocate has put in appearance on behalf of respondents No. 4 to 8, 11 and 12 and filed power of attorney, which is taken on record.

On July 27, 2007, this Court has passed the following order:- "Learned counsel for the petitioners states that on the basis of a complaint made by respondent No.5, namely, Deepika Basoya, the petitioners are being called by the police i.e. respondent No.2-Station House Officer, Women Cell, Faridabad and a mob of 50/60 people are always found in front of the police station who are otherwise the supporters of said respondent No.5, but the SHO concerned is not taking any action against the mob. However, the petitioners are ready to cooperate in the complaint, provided the parties are allowed to Gurpreet Singh Bhatia 2017.09.05 16:12 I attest to the accuracy and authenticity of this document Chandigarh

CRM-M-27005 of 2017 -2participate in the mediation and mob is not allowed near the Police Station.

Notice of motion for 04.09.2017.

On the adjourned date, respondent No.2 i.e. Station House Officer, Women Cell, Sector 16-A, Faridabad (Haryana) shall remain present in Court."

Pursuant to the above said order, Ms. Sushil, Inspector, SHO, Women Cell, Sector 16-A, Faridabad is present in the Court. Learned State counsel on instructions from the SHO states that already an FIR No. 296 dated 2.8.2017 under Section 354-B, 406, 498-A, 506 IPC, has been registered against the petitioners at Police Station Bhupani, District Faridabad and the petitioners have already approached this Court by way of CRM-M-29907-2017. He further argued that the allegation that the petitioners are being obstructed to appear before the IO by a mob of 50 persons, is apparently false. Learned State counsel further states that though, initially the complaint filed by the complainant was with the Women Cell but now after the registration of the FIR, the matter is seized with the Police Station, Bhupani, District Faridabad. I have heard learned counsel for the parties. Considering the fact that an FIR has already been registered against the petitioners, this Court finds that filing of the present petition is totally motivated.

Dismissed.

(HARI PAL VERMA) JUDGE September 04, 2017 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2017.09.05 16:12 I attest to the accuracy and authenticity of this document Chandigarh